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For the Purpose of Securing: 200205836 <br />A. Payment of indebtedness in the total principal amount of $ 17.500.00 , with interest thereon, as evidenced by that <br />certain Pro missory Note of even date (the "Note") with a maturity date of August 1 2012 , executed by Truster, which <br />has been delivered and is payable to the order of Beneficiary, and which by is re erence Is ere y made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of vxhnm percent <br />per annum. <br />This Deed of Trust, the Note, and any other instrument given to evidence 0 r further secure the payment and performance of any <br />obligation secured hereby are referred to collectively as the "Loan Instruments" <br />To Protect the Security of This Deed of Trust: <br />1. Payment of Indebtedness. Truster shall pay when due the principal of, and the interest e m the indebtedness evidenced <br />by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2, Taxes. Truster shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied <br />against the Trust Estate or any part thereof, before delinquency, without notice of demand, and shall provide Benefidary <br />with evidence of the payment of same. Truster shall pay all taxes and assessments which may be, levied upon <br />Beneficiary's interest herein crutch this Deed of Trustor the debt secured hereby, without regard to any law that may be <br />enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the improvements and <br />buildings constituting part of the Trusl Estate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor <br />of Beneficiary and shall not be cancelable, terminable or modifiable without ten days prior written notice to Beneficiary . <br />Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear <br />and tear, the Trust Estate shall not deteriorate. In no event shall the Truster commit waste on or to the Trust Estate. <br />4. Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the <br />security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of the and attorney's fees. in any such action or proceeding in which Beneficiary or Trustee may appear. Should <br />Truster fail w make any payment or do do any act as and in the manner provided in any of the Loan Instruments, <br />Beneficiary and /or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon <br />Trustorand without releasing Truster from any obligation, may make or do thesame in such manner and to such extent as <br />either may deem necessary to protect the security hereof. Truster shall, immediately upon demand therefor by Beneficiary, <br />pay all costs and expenses Incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, <br />including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys fees. Any such costs <br />and expenses not paid within ten days of written demand shall draw interest at the default rate provided in the Note. <br />5. Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any <br />public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation <br />( "Condemnation "), or should Trust r rece ive any notice of other information regarding such proceeding, Too star shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all cem pensalion, awards and other payments <br />or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or <br />proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage, All such compensation, awards, damages, rights of action and proceeds awarded l0 Truster (the "Proceeds ") are <br />hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or <br />Trustee may require. <br />6. Appointment of Successor Trustee. Beneficiary may, from time b time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county in which the Trust Estate is located and by <br />otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or <br />successors to the Trustee named herein or acting hereunder. <br />7. Successors and Assions. This Deed of Trust applies lo, inures to the benefit of and binds all parties hereto, their heirs, <br />legatees, demsses, Personal Representatives, successors and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />8. Inspections. Beneficiary, or its agents, representatives or workmen, arc authorized to enter at any reasonable time <br />upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the <br />acts it is authorized to perform under the terms of any of the Loan Instruments. <br />9. Hazardous Materials. Truster shall keep the property in compliance with any and all Federal, State, and local laws, <br />ordinances and regulations relating to industrial hygiene or to environmental condibe ns on, under or about the property, <br />including, but not limited lo, soil and groundwater conditions. Truster shall not use, generate, manufacture, store or <br />dispose of on, under or about the property or transport to or from the property any flammable explosive, radioactive <br />materials, hazardous wastes, toxic substances orrelated materials, inducing, without limitation, any substances defined as <br />or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials;' or "toxic substances" <br />under any applicable laws, ordinances orregulations (collectively referred to hereinafter as "hazardous materials "), Truster <br />hereby warrants and represents to Benefidary that there are no hazardous materials on or under the property. Truster <br />hereby agrees to indemnify and hold harmless Beneficiary, and any successors to Beneficiary's interest, from and against <br />any and all claims, damages and liabilities arising in connection wth the presence, use, storage, disposal or transport of <br />any hazardous materials, on, under, from or about the property, including, without limitations, (a) all damages directly or <br />indirectly arising out of the use, generation, storage or disposal of hazardous materials by Truster or any prior owner or <br />operatorof the property, and (b) all costs of any required or necessary repair, deanup or detoxification and the preparation <br />of any closure or other required plans, whether such action is required or necessary prior to or following transfer of title to <br />the property, m the full extent that such action is allributable, directly or indirectly, to the presence or use generation, <br />storage, release, threatened release or disposal of hazardous materials by any person on the property prior to transfer of <br />title thereto by Beneficiary. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS <br />PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE REPAYMENT OF THE NOTE AND THE RECOM/EYANCE <br />OF THIS TRUST DEED. 2 <br />